California Code of Regulations
Title 22 - Social Security
Division 6 - Licensing of Community Care Facilities
Chapter 9.5 - Foster Family Homes
Article 2 - Administrative
Section 89227 - Application Review

Universal Citation: 22 CA Code of Regs 89227

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The licensing agency shall complete the following as part of the application review process:

(1) Conduct a site visit to the proposed foster family home to:
(A) Determine that all of the requirements of Article 3 of this chapter have been met.

(B) Conduct interviews as specified in Health and Safety Code section 1521.5.

(2) Make a determination that:
(A) The applicant has the ability to comply with the provisions of the Community Care Facilities Act and the regulations in this chapter as specified in Health and Safety Code section 1520.

(B) The home complies with the provisions of the Community Care Facilities Act and the regulations in this chapter.

(C) The applicant has secured a fire clearance from the State Fire Marshal, if required.

(b) If the applicant has not submitted all materials specified in Section 89218, Application for License, within 90 days of receipt of the application by the licensing agency, the licensing agency shall give written notice to the applicant that the application is incomplete.

(1) If the applicant does not complete the application within 30 days after such notice, the application shall be deemed withdrawn, provided that the licensing agency has not denied or taken action to deny the application.

(2) If the application has been deemed denied, the applicant shall file a new application as required by Section 89218, Application for License.

(c) The licensing agency shall cease review of any application under the conditions specified in Health and Safety Code section 1520.3.

(1) (Reserved)

(2) The circumstances and conditions in which the licensing agency may continue to review a previously denied application shall include, but are not limited to, the following:
(A) A fire clearance previously denied, but now approved;

(B) A caregiver who did not meet the minimum qualifications, but now fulfills the qualifications; or

(C) A person with a criminal record, which was the basis for license denial, is no longer associated with the home.

(3) This review shall not constitute approval of the application.

(4) If cessation of review occurs, the application shall be returned to the applicant. It shall be the responsibility of the applicant to request resumption of review as specified in Health and Safety Code section 1520.3.

1. Renumbering of former section 87027 to section 89227, including amendment of section and NOTE, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 87027 to section 89227, including amendment of section and NOTE, refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Amendment of section and NOTE filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).

Note: Authority cited: Sections 1530 and 1530.5, Health and Safety Code; and Section 21 of Assembly Bill (AB) 1695 (Chapter 653, Statutes of 2001). Reference: Sections 1520, 1520.3, 1521.5, 1521.6, 1523.1, 1525, 1526, 1531, 1550, 1558.1, 13131 and 13143, Health and Safety Code; and Section 16518, Welfare and Institutions Code.

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